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community basis, thereby avoiding removal of children with disabilities from their
families for placement in institutions. 6
The 1993 Un standard Rules on the equalization of opportunities for Persons with
disabilities (Standard Rules) addresses a number of issues directly relevant to the right of
people with disabilities to live independently in the community, including:
• Awareness-raising of the rights, needs, potential and contributions of people with
disabilities in society (Rule 1);
• Medical care and rehabilitation services available in the local community (Rules 2 and 3);
• Support services to promote independence and facilitate the exercise of rights by
people with disabilities (Rule 4);
• Physical, informational and communication accessibility (Rule 5).
• Personnel training (Rule 19). 7
The Convention on the Rights of Persons with Disabilities (CRPD) expands upon the issues
addressed in earlier human rights documents and helps to clarify how States can respect,
protect, and fulfill the right to live independently in the community. Because of the interrelated,
interdependent, and indivisible nature of human rights, there are many articles in the
CRPD relevant to the enjoyment of this right. However, Articles 19, 28, and 12 are especially
important to issues of living independently and with dignity in the community.
Article 19 of the CRPD explicitly addresses the right of people with disabilities to live
independently and be included in the community. Specifically, Article 19 emphasizes the
right of persons with disabilities to “have choices equal to others,” including the opportunity
to choose where and with whom they live, and to not be forced to live in a particular living
arrangement. Article 19 also requires States to ensure that people with disabilities have access
to the kinds of supports and services they may need to enable them to live independently
and avoid segregation and isolation from the community. Such supports might include
personal assistance and/or other in-home or community services. Article 19 also requires that
community services and facilities that are available to the wider population are also available
on an equal basis to people with disabilities and that those services and facilities are also
responsive to the needs of people with disabilities.
Article 28 of the CRPD addresses the right to an adequate standard of living and social
protection. Article 28 recognizes the right of people with disabilities to have an adequate
standard of living, “including adequate food, clothing and housing, and to the continuous
improvement of living conditions,” and to be able to enjoy this right without discrimination
on the basis of disability. States must also ensure that people with disabilities enjoy social
protection without discrimination on the basis of disability. For example, people with disabilities
(particularly women and girls with disabilities and older persons with disabilities) need to be
assured equal access to clean water, social protection and poverty reduction programs, public
housing, and retirement benefits and programs.
States’ obligations with regard to the right to live independently and with dignity in the
community include:
1. Obligation to respect the right by ensuring that State actors such as government officials
do not interfere with the exercise and enjoyment of the right by people with disabilities;
2. Obligation to protect the right by ensuring that non-State actors such as businesses and
6 See http://www.unhcr.ch/html/menu2/6/crc/doc/days/violence.pdf
7 See http://www.un.org/esa/socdev/enable/dissre00.htm
154 hUmAn RighTs. yes! AcTion And AdvocAcy on The RighTs of PeRsons wiTh disAbiliTies